notice of meeting - town of claremont...• notice to speak must be provided in writing to the chief...

TOWN OF CLAREMONT

N O T I C E O F M E E T I N G

NOTICE IS HEREBY GIVEN that an

ORDINARY Meeting of the Council will be held,

on TUESDAY 4 FEBRUARY, 2014, commencing at 7:00 PM

at the Town of Claremont, Claremont Community Hub, 327 Stirling Highway,

Claremont.

Les Crichton ACTING CHIEF EXECUTIVE OFFICER Date:

DISCLAIMER Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision.

ORDINARY COUNCIL MEETING AGENDA 4 FEBRUARY, 2014

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 1

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED) ...................................................................... 1

3 DISCLOSURE OF INTERESTS .................................................................. 1

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE . 1

5 PUBLIC QUESTION TIME .......................................................................... 1

6 PUBLIC STATEMENT TIME ....................................................................... 1

7 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 2

8 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 2

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ..................... 2

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC ......................................... 2

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING ............... 2

12 REPORTS OF COMMITTEES ..................................................................... 3

13 REPORTS OF THE CEO ............................................................................. 3

13.1.1 LOT 43, SHOP 1 (105-115) CLAREMONT CRESCENT, SWANBOURNE – PROPOSED WALL ADDITION TO EXISTING OUTDOOR DINING AREA - ‘THE PIZZA LOUNGE’ ............................................................................... 3

13.1.2 PROPOSED LOT 510 (13) DAVIES ROAD, CLAREMONT - PROPOSED CLAREMONT FOOTBALL CLUB SITE REDEVELOPMENT – PROPOSED AMENDMENT TO EXISTING APPROVAL .......................................................... 6

13.1.3 LOT 101 (237) STIRLING HIGHWAY, CLAREMONT – PROPOSED RE-ROOFING OF COMMERCIAL STRATA UNITS ................................................................................... 19

13.1.4 LOT 4 (240) STIRLING HIGHWWAY, CLAREMONT - PROPOSED ALTERATIONS TO EXISTING CONSULTING ROOMS ................................................................................ 23


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13.1.5 LOT 2 (UNIT 1/40) ST QUENTIN AVENUE, CLAREMONT – PROPOSED CHANGE OF USE TO CONSULTING ROOM AND ASSOCIATED SIGNAGE ............................................ 30

13.2 CORPORATE AND GOVERNANCE .............................................. 36

13.2.1 84 GRAYLANDS ROAD, CLAREMONT – SALE TO CLEAR RATES ................................................................................. 36

13.2.2 DRAFT PARKING LOCAL LAW 2014 .................................. 39

13.2.3 LIST OF PAYMENTS 1-31 DECEMBER 2013 .................... 43

13.2.4 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 DECEMBER 2013 ..................... 45

13.2.5 WAIVER OF FEES FOR ALFRESCO DINING FEBRUARY 2014 ..................................................................................... 48

13.3 INFRASTRUCTURE ....................................................................... 51

13.3.1 OTWAY STREET - PROPOSED RE-ALIGNMENT .............. 51

14 ANNOUNCEMENTS BY THE PRESIDING PERSON ............................... 54

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................................................. 54

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING ......................... 54

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC ....................................................................... 54

18 FUTURE MEETINGS OF COUNCIL ......................................................... 54

19 DECLARATION OF CLOSURE OF MEETING ......................................... 54


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TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

4 FEBRUARY, 2014

AGENDA

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

3 DISCLOSURE OF INTERESTS

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

5 PUBLIC QUESTION TIME

PLEASE NOTE: PUBLIC QUESTION TIME

Questions:

• Questions are to be put to the Mayor. • Questions must be in writing and placed on the table near the Chamber doors

once presented. Questions sheets are available to assist you. Please speak to the Personal Assistant – Services if you require a photocopy.

• A time limit of 3 minutes is allocated to each person. • Responding to Questions:

Once a question is asked the Mayor may:

• Respond to the question asked; • Refer the question to an officer for response; • Take the question on notice, in which case a written response will be included

in the agenda papers in the next Council Meeting; 6 PUBLIC STATEMENT TIME

PLEASE NOTE: COMMUNITY SUBMISSIONS

Community Submissions:

• Submissions are to be put to the Mayor; • Notice to speak must be provided in writing to the Chief Executive Officer by

noon on the day of the meeting; • The submission must be put prior to a decision being made on the matter by

Council. • A time limit of 5 minutes is allocated to each person.


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7 APPLICATIONS FOR LEAVE OF ABSENCE

8 PETITIONS/DEPUTATIONS/PRESENTATIONS

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

That the minutes of the Ordinary Meeting of Council held on 10 December 2013 be confirmed.

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING


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12 REPORTS OF COMMITTEES

13 REPORTS OF THE CEO

13.1.1 LOT 43, SHOP 1 (105-115) CLAREMONT CRESCENT, SWANBOURNE – PROPOSED WALL ADDITION TO EXISTING OUTDOOR DINING AREA - ‘THE PIZZA LOUNGE’

File No: A-0958 Attachments: Location and Submission Plan

Photograph Plans

Responsible Officer: David Vinicombe Executive Manager Planning and Development

Author: Jeremy Swan Senior Planner

Proposed Meeting Date: 4 February 2014 Date Prepared: 17 December 2013 Planning Application No.: DA 2013.00212 60 Days Due Date: 19 January 2014 Property Owner: E, E, J and V Filippou Submitted By: The Pizza Lounge Lot No.: 43 Area of Lot: 1,573m2 (Total) Zoning: Local Centre Financial Implications: Nil Enabling Legislation: Planning and Development Act 2005 (PDA)

Town Planning Scheme No. 3 (TPS3)

Summary

• Application for planning approval received for a wall addition surrounding the existing outdoor dining area at the ‘Pizza Lounge’.

• The wall is to be located wholly within the subject site.

• Eight neighbours were consulted and no submissions were received.

• Application is recommended for approval, subject to minor modifications.

Purpose The application involves the construction of a small wall demarcating the existing outdoor dining area located at the front (Claremont Crescent) of the Pizza Lounge restaurant. The 0.885 metre in high wall is proposed to span 4 metres along the Claremont Crescent boundary and 3 metres along the laneway on the western side of the site.


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The application requires the Council’s determination as it is of a non residential nature.

Background The following table outlines key dates regarding this proposal:

Date Item/Outcome 20 November 2013 Planning Application received by Council. 20 November 2013 Application undergoes internal DCU assessment. 22 November 2013 Advertising commenced. 13 December 2013 Advertising closed. 17 December 2013 Report prepared for Council.

Past Resolutions At its meeting held on 18 April 2006 the Council granted conditional planning approval for the expansion of the existing restaurant’s seating area into the front setback area between the Claremont Crescent boundary and the shopfront. The proposal complied with the TPS3 parking requirements. (Resolution No. 119/06)

Heritage The property is listed as part of the ‘Swanbourne Station Shopping Precinct’ which is included within the Town’s Schedule of Heritage Places.

The Town’s Heritage Officer has provided a response indicating the proposal will not have a negative impact on the heritage significance of the place.

Consultation The application was advertised in accordance with Council Policy LG525.

Eight neighbours were consulted and no submissions were received.

Discussion Description The application proposes to construct a small concrete brick wall 0.885m high demarcating the outdoor dining area for the Pizza Lounge restaurant. The wall will span 4m along the southern boundary and 3m along the laneway on the western side of site. The wall is to be located wholly within the boundaries of the site.

It is noted that the existing outdoor dining area is not subject to an Alfresco Dining Licence as the seating is provided within the boundaries of the subject lot and not within the footpath or street as per the definition for Alfresco Dining.

Compliance The development does not propose any variations to the acceptable standards applicable to the site. It is not proposed to increase the seating capacity of the restaurant therefore there is no increase in the required number of car parking bays for the tenancy.


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Summary Based on the above, it is recommended that approval be granted subject to the conditions in the officer’s recommendation.

Voting Requirements Simple majority decision of Council required.

OFFICER RECOMMENDATION THAT Council grant planning approval for a proposed wall addition to the existing outdoor dining area at the ‘Pizza Lounge’ at Lot 43, Shop 1 (105 - 115) Claremont Crescent, Swanbourne, subject to the following conditions and advice notes: 1. The wall is to be located wholly within the boundaries of the subject site. 2. The south west corner of the wall is to be setback a minimum distance of

1.5m from the laneway kerb line to the west. 3. In all other respects, development shall occur in accordance with the

drawings submitted with the application for Planning Approval (Planning Application DA 2013.00212), as amended by these conditions.

4. This application is valid only if the development is commenced within 24 months of the date of approval.

Advice Notes: (i) This is a Planning Approval only. A Building Permit must be obtained

from the Town’s Building Services unit prior to the commencement of any building works. Permits for non-residential development MUST be certified prior to submission.

(iv) The applicant/owner is advised of the following health requirements from the Town’s Health Services. For further information please contact the Town’s Health Services on 9285 4300: a) Under the Environmental Protection (Noise) Regulations 1997 no

construction work is to be permitted or suffered to be carried out: a) Before 7.00am or after 6.00pm Monday to Saturday inclusive; or b) On a Sunday or on a public holiday.

(vi) If an applicant is aggrieved by this determination a right of appeal may exist under the Planning and Development Act 2005. An appeal must be lodged with the State Administrative Tribunal (www.sat.justice.wa.gov.au) within 28 days of the determination.


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13.1.2 PROPOSED LOT 510 (13) DAVIES ROAD, CLAREMONT - PROPOSED CLAREMONT FOOTBALL CLUB SITE REDEVELOPMENT – PROPOSED AMENDMENT TO EXISTING APPROVAL

File Ref: A-4759 Attachments: Location Plan

Photograph Plans Report to Council 19 March 2013 Metro West JDAP planning approval and plans dated 24 April 2013 Technical Note from Arup dated 4 December


Author: David Vinicombe Executive Manager Planning and Development

Proposed Meeting Date: 4 February 2014 Date Prepared: 17 January 2014 Property Details Planning Application No.: 2013.00218 DAP Due Date: 6 February 2014 Property Owner: State of Western Australia (Management Order with

the Town of Claremont, Leased to Claremont Football Club)

Submitted By: Oldfield Knott Architects Lot No.: Pt Lot 1798 Area of Lot: 5,000m2

Zoning: Development Financial Implications: Nil Policy/Enabling Legislation: Planning and Development Act 2005 (TPD Act)

Town of Claremont Town Planning Scheme No. 3 (TPS3) Claremont North East Precinct (NEP) Structure Plan (SP) (August 2010) Draft Claremont NEP Design Guidelines (DG) and Detailed Area Plans (August 2012) Planning and Development (Development Assessment Panel) Regulations 2011 (DAP Regs)

Summary

• Revised application received for proposed amendments to the approved redevelopment of the Claremont Football Club (CFC) inclusive of Office development, grandstand, gymnasium, shop and cafe, change rooms and other club facilities and 200 Public Transport Authority (PTA) parking bays.


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• Proposed amendments include subdividing the site into an office lot and a CFC/PTA lot and relevant internal and external alterations.

• At its meeting held on 24 April 2013 the Metro West Joint Development Assessment Panel (JDAP) granted conditional planning approval for the redevelopment of the CFC site.

• This application is required to be determined by the JDAP.

• The application is primarily related to separating the office and CFC/PTA lot and although not considered to substantially change the existing approval, additional/modified conditions are required.

• The proposal is generally consistent with the Claremont North East Precinct (NEP) Structure Plan (SP), and revisions to the SP, Detailed Area Plans (DAPs) and Design Guidelines (DGs) adopted by Council in December 2012, although minor variations are proposed and supported.

Purpose For Council to: (i) Consider the officer recommendation including relevant conditions regarding the

proposed amendments to the approved re-development of the Claremont Football Club (CFC); and

(ii) Be informed that the application is required to be assessed by a Metro West Joint Development Assessment Panel (JDAP) as stipulated in the Planning and Development (Development Assessment Panel) Regulations 2011 (DAP Regs).

Background The Claremont Football Club (CFC) is located within the Claremont North East Precinct (NEP) on the eastern side of Davies Road. The land is formally described as Pt Lot 1798 (13) Davies Road, Claremont and is zoned “Development” under TPS3. The development zone is subject to the Claremont NEP Structure Plan (SP) that was endorsed by the Town on 2 December 2008 and the Western Australian Planning Commission (WAPC) in August 2010.

Council resolved on 18 December 2012 to approve Detailed Area Plans (DAPs), Design Guidelines (DGs) and variations to the Structure Plan (SP). Variations to the SP have been endorsed by the Western Australian Planning Commission (WAPC), specifically relative to subdivision proposals contained within Council’s approval. LandCorp have now forwarded revisions to the NEP SP, DGs and DAPs to respond to Council’s resolution, however at this point these revisions have not been reviewed to establish consistency with Council’s resolution.

The CFC site falls within proposed Lot 510 of the NEP – a 5,000m2 lot with frontage to Davies Road (approx. 150m). The actual CFC building currently comprises the CFC administrative facilities and tiered seating, constructed in 1956 with the addition in 1970 of the R.J. Kyle Pavilion.


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At its meeting held on 24 April 2013 the JDAP granted conditional planning approval (see attached) for the redevelopment of the CFC site including the following elements:

• Tiered grandstand over two levels including 1,233 seats, coaches and media boxes, VIP and hospitality suites;

• The creation of 4,284m2 Gross Floor Area (GFA) purpose built building/facility for the CFC including a two storey gymnasium (1,535m2), change-rooms, warm-up area, function rooms, bar and offices;

• Shop and cafe uses at street level with alfresco dining facilities within an internal arcade (108m2) linking the oval and Davies Road;

• 4,505m2 GFA of office space over four storeys located at the northern end of the site;

• 150 car parking bays (75 for office component and 75 for CFC), 40 bicycle bays and 10 motorcycle/scooter bays servicing the development over three levels; and

• 200 car parking bays leased to the Public Transport Authority (PTA) for the purposes of ‘Park and Ride’ for users of the Perth – Fremantle rail line distributed over two basement levels.

From a legislative point of view, the application has been lodged in accordance with DAP Regs 17 and 20 for an amended application. The amended application is required to be assessed by a JDAP.

The following table outlines key dates regarding this proposal: Date Item/Outcome

26 November 2013 Planning Application received by Council. 18 December 2013 Revised Plans submitted 17 January 2014 Report commenced to be prepared for Council.

Past Resolutions Town of Claremont - Town Planning Scheme No. 3 The Design Guidelines (DGs) relating to the NEP project were formally adopted by Council on 18 December 2012. The Detailed Area Plans (DAPs) were adopted at the same meeting in accordance with cl.75P of Town Planning Scheme No. 3 (TPS3). Clause 75P(8) indicates that once approved, the DAP constitutes a variation to the Structure Plan. The WAPC approved the variations to the SP and DAPs (in a modified form) on 26 April 2013.

Claremont North East Precinct Structure Plan (August 2010) The Structure Plan was initially approved by Council at its 2 December 2008 OCM and subsequently endorsed by the WAPC on 16 June 2010.

Claremont NEP Design Guidelines and Detailed Area Plans and Structure Plan Revisions (December 2012)


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The Design Guidelines (DGs), which were adopted (subject to modifications – still pending review) as Council Policy on 18 December 2012, aim to encourage high quality architectural expression, form and consistency throughout the NEP. The DGs outline the design intent for all development within the NEP and collectively ensure that the principles and objectives are being met. As a Local Planning Policy, advertised and adopted under cl.82 of TPS3, any variation to the DGs must have regard to the provisions and the objectives the Policy is designed to achieve.

The Detailed Area Plans (DAPs) outline the mandatory fundamental development controls to address the specific requirements of the individual lots. As the DAPs are now part of the SP, any formal variation to the DAP is required, in accordance with cl.75P(9) of TPS3, to follow procedures set out in cl.75P onwards, providing they do not prejudice the intention of an related SP. These variations are considered to relate to the actual DAPs rather than the “standards” which are applied within each DAP. The SP indicates that “The future provision of Design Guidelines and Detailed Area Plans, to be read in conjunction with the local Structure Plan will provide a clear guide for future development of the NEP to ensure that the vision for this exciting project is achieved to the highest standard.” As the DAPs are to “guide” development” it would be illogical to conclude that minor variations to the DAPs require full consultation as provided for under cl.75P. In addition, it is noted in the various locations within the DGs (and DAPs) adopted by Council on 18 December 2012, the approval process specifies that applications are to substantially achieve all the design criteria or be varied with satisfactory justification.

It is noted that when the Town adopted the DGs, DAPs and SP variations, the document included approval processes (p. xi) which refer to the Town Architect’s role in pre-consulting and initial support of planning applications prior to formal submission of proposals to Council for recommendation to the Development Assessment Panels. The Town does not employ an Architect for this service, however the role is important in progressing plans to Council for consideration and the advice received assist Council officers in formulating recommendations. The Town Architect has been appointed by and his services are paid for by LandCorp. The “Town Architect” is Chris Mayer, a Director from Studio 53, an established architectural consultancy in Subiaco. Chris has been part of the consulting team who assisted in the development of the DGs and DAPs for the Claremont on the Park development and his services have been retained by LandCorp as he has a sound knowledge of the proposed requirements and has a good working relationship with the Town’s planning team – being able to assist in the preparation of technical advice relative to planning applications. Notwithstanding this, the Town is not obliged under the processes to agree with any comments made by the Town Architect as he has purely a facilitative and assisting function and is not part of a determining body. In order to provide clarity in the role, it is considered that the reference to the Town Architect should be modified in the DG and DAP document to “Claremont on the Park Architect”.

Original Application At its meeting held on 19 March 2013 the Council resolved to support the officer recommendation to the JDAP in regard to proposed CFC redevelopment on Part Lot 1789 (13) Davies Road, Claremont. The JDAP subsequently approved the development with minor modifications to conditions on 24 April 2014 (attached).


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Consultation The original application was advertised for public comment and no submissions were received. The proposed amendments are not considered to impact on the surrounding land owners, therefore the revised application was not advertised for further public comment.

Compliance The revised proposal has been assessed against the TPS3, SP, DAP and DGs for the subject site. Details of the proposal’s compliance with these requirements are discussed further in the report.

As per the requirements of the DGs the proposal has also be assessed by the Town Architect.

The application generally complies with TPS3 requirements relating to Design and Construction, Protection of Townscape, Landform and Vegetation (clauses 76, 77, 80 and 81) and Submission of the required information (clause 83). The property is not included in the Municipal Inventory.

Details Approval is sought for proposed amendments to the approved CFC redevelopment at the subject site. The applicant has provided the following summary of the proposed amendments: 1. The revision proposes to subdivide Lot 510 into two lots:

• Lot 510/1 Office Lot 1,798m2; and

• Lot 510/2 CFC/PTA Lot 3,202m2;

2. 200 PTA 'Park 'n Ride' (PnR) bays now all located on Lot 510/2 over two levels (B1 and B2);

3. Separate vehicular crossovers are provided to each site - close to the North West corner in each case;

4. The CFC service yard crossover has been deleted and the access door has been relocated approximately 25 metres south of its previous location (adjacent to the PnR entry). A nearby service vehicle embayment is proposed in Davies Road;

5. The East/West pedestrian arcade has been deleted;

6. Pedestrian access to the PTA PnR is reduced to a single shared entry at the CFC/Gym main entry lobby;

7. Both PnR passenger lifts are now located in the Davies Road main pedestrian entry lobby;

8. A third lift (two-stop) is now located in the main entry lobby area – servicing a medical facilities suite on Level L2. The medical facilities are ancillary to the CFC’s operations.


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9. The location of other pedestrian entrances remains essentially unchanged.

10. Floor Areas;

• Office GFA remains unchanged (4,681m2)

• Gym GFA decreased (tenant requirement – 1061m2)

• CFC GFA decreases (more efficient internal planning, Level L1 gym area increase & void over the PnR entry - 3690m2);

11. Internal redesign- CFC levels L2 & L3:

• L2 - sports medicine component replaces 'back of house' stores & ancillary spaces, CFC Function room decreased, gym upper level replaced by medical facilities; and

• L3 - CFC Offices/Hospitality areas decreased (by deletion of southern wing) and addition of sports medicine (upper level) component;

12. Externally, the number of permanent tiered seats has been reduced (from the North) by 52 - now all restricted to Lot 510/2;

13. North and South elevations remain unchanged;

14. The east elevation reflects the reduced number of tiered seats – replaced with a landscaped sloping embankment. A small kiosk has been added at ground floor level and is shown on this elevation;

15. The northern and southern zones of the West elevation essentially remain the same;

16. The central zone of the West elevation shows the relocated service yard and PnR entry/exit points; and

17. Architectural treatment and detailing of the West elevation remains identical to the JDAP approved scheme.

Land Use Uses may be approved as delineated in Table 1 of TPS3 – Land Use Table. For the Development zone, the use class permissibility is as per the designations in the SP. In this sub-precinct, the preferred include Office, Recreation (Indoor), Restaurant and Retail Store.

The original approval included office, recreation (CFC) and minor retail and restaurant (cafe) uses.

The amended proposal includes a ‘Medical Facilities’ suite on Level 2 (previously approved to be occupied by the upper level of the proposed gym facility). The applicant has advised the Town that the Medical Facilities are ancillary to the CFC and its operations.

Given the relationship with the operations of the CFC and the similarity with office type uses, the proposed medical facility use is not considered inconsistent with the preferred uses under the SP. Accordingly, the proposed amendments are considered consistent with the approved and permitted uses on the subject site.


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Subdivision It is proposed to subdivide proposed Lot 510 into two separate lots to separate the CFC facilities from the office development. This will allow the applicant to lease or sell the property as a separate entity and has evolved through discussions with the Department of Lands and LandCorp. As a result the design of the lower levels has been amended to reflect the proposed boundary including separate vehicle entrances, revised location of the car parking bays and the relocation of the CFC service yard.

It is proposed to locate the 200 PTA bays within the proposed Lot 510/2 and the remainder of the car parking bays within the proposed Lot 510/1. There is no connection proposed between the parking areas or upper levels of each building.

Whilst this subdivision arrangement is a technical variation to the DAP which assigns the development to one lot, the variation is minor and providing joint parking arrangements are facilitated through a legal agreement and Parking Management Plan to ensure compliance with cl.32 of TPS3 (parking bays to be sufficiently close and for the sole use of the development), no objections are raised (see further comments below on this matter).

Town Architect’s Comments The Town Architect provided initial comments on 20 November 2013 in relation to the proposed variations: “The addition of additional space for Sports Medicine we believe to be a positive for the development given the additional pedestrian activation this potentially can bring to Davies Rd with the inclusion of an additional pedestrian entry exit lobby. The separation of the PTA car-parking from the Commercial and CFC parking also may bring other benefits to the development.

While we believe the form and mass of the building will not in all probability have significantly changed we cannot comment on the revised elevations as a consequence of not being able to review these particular drawings. All of the previous comments and feedback provided regarding the elevational treatment of the building in particular all of the levels of the commercial building together with its parking levels is likely to still be relevant. The inclusion of screening elements such as the green wall and articulation of the facades to the commercial building we believe still require to be included and resolved to ensure a successful outcome.

One further concern that we would like to highlight regarding these revised drawings is the western ground floor elevation which we believe is somewhat compromised by the location of a service crossover and the PTA car park crossover immediately adjacent to each other. This creates a potential negative impact on the elevation, with unattractive service entries and a potential impediment to pedestrian movement along Davies Rd. We also believe given its current location adjacent to the road widening and raised medium strip within Davies Rd that access to the PTA will only be possible as left in left out. Service vehicles may also not be able to manoeuvre out of the service crossover as it is currently shown. We have included a sketch (tabled) below which we strongly believe will improve the operation of the service bay via a dedicated service embayment (rather than a vehicle cross-over) possible with the relocation of the median strip to a more pedestrian appropriate location further to


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the South. This re-location will then also provide full vehicular movement access to the PTA car park. The elevational issue of the location of two such access openings adjacent to each other will remain but will be improved. The input of LandCorp's traffic engineer may be appropriate. The DAP's currently identify two possible vehicle entry points, the drawings in question propose three.

The loss of the access tunnel from Davies Road between the CFC and the Gym is unfortunate but the design does provide for pedestrian access for supporters through and from the pedestrian link immediately to the South of the CFC building. The parking numbers provided by Oldfield Knott, based on the areas they have provided, have been established with regard to the NEP Design Guidelines.

Additional comments received from the Town Architect dated 21 November 2013 include: “Following our phone discussion we have again reviewed the drawings and Studio 53 make the following observations.

The service access as currently drawn in Oldfield Knott's drawings concerns us in that the access is to a service yard that is only 5m deep and there is therefore a possibility that pedestrian movement along Davies Rd will be impacted by the service vehicle being parked on the service crossover which we believe is unacceptable.

The options available therefore are, we believe, as follows: 1. The cross over be removed and service vehicles park in a dedicated service

bay immediately adjacent to the service yard. Conditions may be able to control and limit the times of services and deliveries.

2. The size of service yard is designed to accommodate the appropriate size of service vehicle and the approval to be conditioned to limit the size of service vehicle to this appropriate dimension to ensure servicing takes place wholly within the site.

While option 2 adheres closely to the requirements of the Design Guidelines there are many examples around the City of Perth where embayment parking works successfully for commercial uses. This obviously requires careful management and control and even the use of conditions.

For this particular configuration we believe that the pedestrian experience is very important. Removing an additional cross over currently not shown on the DAP we feel has a number of benefits to pedestrians especially when this crossover sits immediately adjacent to the PTA car park entry.”

Final comments received on 17 December 2013 include: “We have reviewed the drawings and make the following observations; 1. Our comments of the 20th November remain valid. 2. We believe the service access revisions improve the pedestrian experience in

Davies Rd. 3. We are still a little concerned about the lower levels of the eastern elevation of

the commercial building facing into the oval.


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The upper levels where the office space is located are fine however the lower levels which have always been a concern are further impacted with the removal of the level 2 seating that provided an appropriate edge interface to the oval and commercial building in the earlier proposal. Basically these seats which extended north and overlapped the commercial building helped screen the lower level parking, their removal (which we understand) now exposes the car-park further as an edge to the oval. The stadium now stops more abruptly where the commercial building begins to the north of the stadium. The stadium is perhaps somewhat unbalanced by the removal of these seats.

The residential buildings that edge the oval are required to do so carefully, the commercial building car park with its non activated walls and ventilation openings does not, we believe provide an articulated activated edge to the oval. The lawned embankment helps to soften the car park elevation a little, but how accessible will this space be?”

The two issues raised by the Town Architect with regard to the service area and embankment are addressed below.

Car Parking The amended proposal has been assessed against the car parking provisions of the Structure Plan.

NEP Structure Plan - Car Parking Table Proposed Use Parking Bay Requirement Required Provided

CFC 3,690m2 GLA @ Max.1.5 bays per 100m2 55.35 56

Medical Facility 545m2 GLA @ Max.1.5 bays per 100m2 8.18 9

Gymnasium 1,061m2 GLA @ Max.1.5 bays per 100m2 15.92 16

Commercial (including CFC shop - 15m2, coffee shop – 15.75m2 and office)

4,681m2 GLA @ Max.1.5 bays per 100m2

70.2 (0.46 bays associated with CFC shop and coffee shop)

71

PTA Parking 200 park and ride bays to be provided 200 200 TOTAL: 349.65 (350) 352

As noted in the original approval the parking requirements of TPS3 are significantly reduced under the SP for the NEP. Currently under TPS3 cl.75M (1) states that where a provision of a SP is inconsistent with a provision of the Scheme, the Scheme prevails to the extent of the inconsistency. It is noted that the previous approval required the provision of 281 bays under TPS3 (plus 200 PTA bays). Given that details on the number of medical practitioners involved in the medical facilities are not available at present, an accurate calculation of the parking requirements for the site under TPS3 is not possible, however, for the purpose of these considerations, it is noted again that the parking requirements under TPS3 are considerably greater than that provided for under the SP. Amendment No. 130 to TPS3 is currently addressing this matter and will provide for the reverse so that the SP prevails. In this instance it is considered appropriate to require the development to comply with TPS3


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and providing Amendment No. 130 is finalised and gazetted, the SP car parking requirements may be applied. The current condition on the JDAP approved planning approval suitably addresses the SP parking requirement.

It is noted however that the SP also requires the provision of commercial parking to be spilt 40% for tenants and 60% for public short term parking. As a result of the increased commercial parking requirements for the development, Condition 5 of the existing approval requires modification to provide for 28 tenant and 43 public short term parking bays.

In addition to the above, as the subject site is to be spilt in two and all of the parking relative to the commercial activities on the southern site (80 bays in addition to the 200 PTA bays) are provided for on the northern site, it is necessary to provide a condition to ensure that 80 bays are available for the sole use of the southern site. Clause 32 of TPS3 provides for all or some of the parking spaces prescribed for a development to be provided elsewhere where Council is satisfied that the bays are sufficiently close to the development and available for the sole use of occupiers or visitors to the development. Given the two sites will appear as one development, no objections are raised to the use of the northern lot for parking requirements of the southern lot, provided a suitable legal parking agreement is entered into, endorsements on the relative certificates of title and an associated Parking Management Plan to the satisfaction of the Town’s solicitor. It is noted that if the development of the office block does not proceed and the parking is not constructed in accordance with this proposal, a further planning application will be required to address this. Discussions with the applicant indicate that an at grade parking area could be constructed to primarily provide for the required parking provision, with any shortfall subject to detailed discussions with Council at that time.

Access and Modifications to Davies Road Blister Island The DAP and the current planning approval for the subject site shows two access points/crossovers, one on the northern end and another for the service yard to the immediate north of the Davies Road splitter island. The proposed subdivision configuration will necessitate separate access points for each lot (together with access for the service yard – see comments below). The crossovers have been supported by a traffic engineers Arup (see attached technical note). As the development is proposed to be constructed on separate lots, building requirements for fire protection make it difficult (but not impossible) for both lots to be serviced from the one access point.

The proposed central crossover does however come within a metre of an existing Norfolk Island pine tree in Davies Road. Existing conditions 33 and 34 attempt to retain as many of these trees as possible as they are a significant feature of the locality and streetscape. In order to improve the chances of the survival of this tree, it is proposed that an additional condition be imposed to relocate the crossover to the south centrally between the two existing trees in this location.

The proposal is for an additional access point to be provided in front of the Davies Road “blister island”. This will require removal of the blister island to allow sufficient access and egress to the proposed crossover and associated reinstatement of the verge on both sides of the road and removal of path ramp.


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Service Yard The proposal includes modifications to the service yard arrangements off Davies Road. The original plans proposed a service yard with associated crossover to the north of the existing Davies Road blister island. The proposed plan provides for a smaller service yard (with insufficient room to accommodate service vehicles on site) opposite the existing blister island and to the immediate south of the proposed car park entry for the southern lot. No direct crossover access to the service yard is proposed. Rather, the proposal provides for a service vehicle embayment in the road reserve and all deliveries are required to be traversed across the footpath into the service yard.

The DGs indicate that “service vehicle access shall be provided for commercial and retail tenancies...shall be designed to minimise visibility to the public realm and adverse impacts on pedestrian safety.” A related requirement is “waste storage facilities shall be designed to allow collection of waste from within the site or a strategy for transfer of waste developed within the waste management strategy.”

It is considered that this proposal does not satisfy these design guidelines. The applicant has indicated that the previously approved service yard did not satisfy the DGs and that the proposed arrangements are superior to those approved in that no vehicles will extend outside of the service area over the footpath whilst deliveries are taking place. It is conversely considered that as a waste management strategy was not proposed as part of the initial proposal, that all servicing could be assumed to be accommodated on site in accordance with the DGs. Whilst the applicant has attempted to justify the proposal with support from traffic engineers Arup (see attached technical note) by indicating that to mitigate the risk of conflict between turning vehicles, driver confusion as to which cross-over to use and potential for trucks to obstruct the footpath on the east side of Davies Road, detailed design will need to make sure that the relevant vehicle swept path is accommodated in the design of bays and it is recommended that an appropriate vertical transition is constructed to help facilitate kerbside unloading (e.g. – construct kerbside bay). However, the Town’s engineering services are of the view that servicing from the proposed embayment in Davies Road will provide for an unacceptable level of interference with pedestrian flow along the footpath. In addition, from a planning perspective, interference in pedestrian flow on the footpath with deliveries and rubbish removal from the site over the footpath will detract from streetscape and the principles of creating a transit orientated development. Accordingly, it is recommended that the proposed service yard and access be redesigned to accommodate all servicing on site with the size of service yard designed to accommodate the appropriate size of service vehicle to ensure servicing takes place wholly within the site, and further that the access to the service yard does not necessitate the removal of any existing street tree in Davies Road. In addition, in order to ensure that existing service embayments are not retained in Davies Road, it is recommended that condition 15 be modified to address this matter.

Landscaped Embankment As indicated by the Town Architect, the proposal includes modifications to the seating area in front of the office component of the development. The plans indicate a landscaping embankment, however details of the landscaping are to be addressed in conjunction with LandCorp relative to the adjacent landscaping area around the


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oval’s edge. Whilst this matter remains unresolved, the existing conditions for the development which requires submission of a Landscaping Plan for the whole development to address the site landscaping and management requirements to the satisfaction of the Town will suitably address this matter.

Officer Recommendation to Metro West Joint Development Assessment Panel As this application is being determined by the Metro West Joint Development Assessment Panel (JDAP), Council is required to submit its recommendation and an accompanying report to the JDAP. The officer’s recommendation to the JDAP is as follows: Recommend that the Metro West Joint Development Assessment Panel (JDAP) resolve to: 1. Accept that the DAP Application reference DP/13/00101 as detailed on the

DAP Form 2 dated 20 November 2013 is appropriate for consideration in accordance with Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DP/13/00101 as detailed on the DAP Form 2 date 20 November 2013 and accompanying plans received 19 December 2013 in accordance with the provisions of the Town Planning Scheme No. 3 for the proposed minor amendments to the approved Claremont Football Club redevelopment including new clubroom, stand and associated facilities, gymnasium, office building car parking and signage at proposed Lot 510 (13) Davies Road, Claremont, subject to the following conditions: a) Compliance with the previous conditions applied by the Metro West

Joint Development Assessment Panel on 24 April 2013 for the Claremont Football Club redevelopment with exception to conditions 5 and 15, which are to be modified to: 5. Prior to the issue of Building Permit, provision is to be made for

28 tenant and 43 public short term parking bays for the Commercial/Office component of the development to the satisfaction of the Town of Claremont;

15 Any existing crossover/s and service bays on the road reserve are to be removed and the verge reinstated and landscaped to the satisfaction of the town of Claremont.

b) Prior to the issue of Building Permit, a Parking Management Plan is to be prepared to the satisfaction of the Town of Claremont which provides for the sole use of parking bays associated with the Claremont Football Club facilities on the proposed southern lot in parking bays provided on the proposed northern lot. The Parking Management Plan is to be secured by way of a legal agreement between the Claremont Football Club and the Town of Claremont and is to be registered as an absolute caveat on the relevant Certificate of Title and prepared by Council’s Solicitors at the applicant’s cost;

c) Removal of the blister island to allow sufficient access and egress to the proposed southern lot car parking area crossover and associated


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reinstatement of the verge on both sides of the road and removal of path ramp to the satisfaction of the Town of Claremont; and

d) The proposed service yard and access be redesigned to accommodate all servicing to be carried out on site with the size of the yard being designed to accommodate the appropriate size of service vehicle to ensure servicing takes place wholly within the site and access does not necessitate the removal of any existing street trees to the satisfaction of the Town of Claremont.

e) Central access point to the southern car park and associated crossover to be moved to the south to locate it centrally between the two existing Norfolk Island Pine trees in the Davies Road reserve to ensure the best possible outcome for retention of these trees consistent with existing conditions 33 and 34 of the current planning approval, to the satisfaction of the Town of Claremont.


OFFICER RECOMMENDATION THAT Council: 1. Vary the Detailed Area Plan under the North East Precinct Structure Plan

to support the subdivision of proposed Lot 510 Davies Road into two lots and modify the access arrangements to provide for two carpark crossovers/access points and centrally located service yard crossover/access point.

2. Vary the Detailed Area Plan and Design Guideline document approved by Council on 18 December 2012 by removing all references to the Town Architect and replacing these references with the “Claremont on the Park Architect”.

3. Support the Officer Recommendation to the Metro West Joint Development Assessment Panel in regard to the recommendation of approval for the amended proposal for Claremont Football Club redevelopment on proposed Lot 510 (13) Davies Road, Claremont as detailed in this report and

4. Authorise the Executive Manager Planning and Development Services to forward a report on the application to the Metro West Joint Development Assessment Panel.


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13.1.3 LOT 101 (237) STIRLING HIGHWAY, CLAREMONT – PROPOSED RE-ROOFING OF COMMERCIAL STRATA UNITS


Photograph Plans


Author: Jeremy Swan Senior Planner

Proposed Meeting Date: 4 February 2014 Date Prepared: 8 January 2014 Planning Application No.: DA 2013.00209 60 Days Due Date: 17 January 2014 Property Owner: Numerous owners Submitted By: Air Roofing Company Lot No.: 101 Area of Lot: 1,585m2

Zoning: Highway Zone and MRS Reserve Financial Implications: Nil Enabling Legislation: Planning and Development Act 2005 (PDA)

Town Planning Scheme No. 3 (TPS3)

Summary

• Application for planning approval received for the proposed re-roofing of the central portions of asbestos roof for the existing 12 unit commercial strata complex at 237 Stirling Highway, Claremont.

• The central portions of roof are located behind the north and south facing tiled roof sections which are to be retained.

• Given the roofing configuration, relatively flat slope and location of the proposed re-roofing, no amenity impacts on adjacent development will result.

• Six neighbours were consulted and no submissions were received.

• Application referred to Main Roads WA (MRWA) for comment as a portion of the site is located within a Metropolitan Region Scheme (MRS) reserve for Primary Regional Road (PRR).

• Application is recommended for approval.

Purpose The application involves the removal of the centrally located asbestos portion of the existing roof and replacement with zincalume. The existing tiled portions of roof


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which face the north and south are to be retained and shield the new sections of roof from general public view.

The application requires the Council’s determination as it is of a non-residential nature.


Date Item/Outcome 15 November 2013 Planning Application received by Council. 20 November 2013 Application undergoes internal DCU assessment. 22 November 2013 Advertising commenced. 20 December 2013 Advertising closed. 9 January 2014 Report prepared for Council.

Past Resolutions There are no past Council resolutions relevant to this application.

Heritage The property is not listed on the Town's Schedule of Heritage Places.


Six neighbours were consulted and no submissions were received.

Metropolitan Region Scheme Metropolitan Region Scheme (Main Roads Referral) The subject site is located partially within a Metropolitan Region Scheme (MRS) reserve for ‘Primary Regional Road’. Under the Planning and Development Act MRS Instrument of Delegation (Del 2011/02), the Council has delegated authority to approve development within or adjacent to the Stirling Highway MRS Reservation subject to any decision being consistent with the comment and recommendation of Main Roads WA (MRWA).

The subject application has been referred to MRWA for comment. MRWA advised that they have no objection to the proposed additions and alterations subject to the following conditions: 1. No earth works are to encroach onto the revised Stirling Highway road

reservation; 2. No stormwater drainage shall be discharged onto the Stirling Highway road

reservation; 3. The applicant shall make good any damage to the existing verge vegetation

within the Stirling Highway reservation. If Council supports this application, it is recommended that any approval be conditioned to comply with the above requirements.


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Discussion Description The application proposes to remove the existing central asbestos roof component of the commercial strata complex (12 units) at 237 Stirling Highway and replace with zincalume. The zincalume component will not be visible from Stirling Highway or Reserve Street and will be located behind existing tiled portions of roof facing the north and south. Compliance The development does not propose any variations to the acceptable standards applicable to the site. It is considered that the proposal will not have an adverse impact on the locality and can be supported.

Summary Based on the above, it is recommended that approval be granted subject to the conditions in the officer’s recommendation.


OFFICER RECOMMENDATION THAT Council grant planning approval for the proposed re-roofing of the Commercial strata Units at Lot 101 (237) Stirling Highway, Claremont, subject to the following conditions and advice notes: 1. Compliance with Main Roads WA requirements. 2. In all other respects, development shall occur in accordance with the

drawings submitted with the application for Planning Approval (Planning Application DA 2013.00209), as amended by these conditions.


Advice Notes: (i) This is a planning approval only. A building permit must be obtained


(ii) The proponent is advised that the subject site is affected by Metropolitan Region Scheme Amendment 1210/41 Rationalisation of Stirling Highway reservation which is not yet finalised. The amendment proposes to reduce the existing reservation over the lot from 25-22 metres (as measured from the boundary) down to 3.6-2.0 metres.

(iii) Applicant is advised that Main Roads WA require compliance with the following: a) All storm water discharge is to be contained and disposed of on-site; b) No stormwater drainage shall be discharged onto the Stirling

Highway road reserve; and


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c) The applicant shall make good any damage to the existing verge vegetation within the Stirling Highway reservation.

(iv) The applicant is required to remove any hazardous materials encountered during construction/demolition at their own expense and in accordance with the Code of Practice on Safe Removal of Asbestos (NOHSC: 2002(1988) as stipulated by the Occupational Health and Safety Regulations 1996, and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004.

(v) The applicant/owner is advised of the following health requirements from the Town’s Health Services. For further information please contact the Town’s Health Services on 9285 4300: a) All plant and machinery (such as air-conditioners and pool pumps)

are to be suitably sound proofed to comply with the requirements of the Environmental Protection (Noise) Regulations 1997 and so as not to cause an adverse impact on the amenity of the adjoining residential property; and

b) Under the Environmental Protection (Noise) Regulations 1997 no construction work is to be permitted or suffered to be carried out: a) Before 7.00am or after 6.00pm Monday to Saturday inclusive; or b) On a Sunday or on a public holiday.

(vi) If an applicant is aggrieved by this determination a right of appeal may exist under the Planning and Development Act 2005. An appeal must be lodged with the State Administrative Tribunal (www.sat.justice.wa.gov.au) within 28 days of the determination.


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13.1.4 LOT 4 (240) STIRLING HIGHWWAY, CLAREMONT - PROPOSED ALTERATIONS TO EXISTING CONSULTING ROOMS


Photograph Plans Submission


Author: Josh Wilson Urban Planner

Proposed Meeting Date: 4 February 2014 Date Prepared: 7 January 2014 Planning Application No.: DA 2013.193 60 Days Due Date: 23 December 2013 Property Owner: Motte and Bailey Pty Ltd Submitted By: Private Horizons Planning Solutions Lot No.: 4 Area of Lot: 698m2

Zoning: Highway (TPS3) and Primary Regional Roads (MRS) Financial Implications: Nil

Enabling Legislation: Planning and Development Act 2005 (PDA) Town Planning Scheme No. 3 (TPS3)

Summary

• Application for planning approval received for proposed alterations to the existing building at the subject site.

• The proposal involves the amalgamation of two existing consulting room tenancies however there will be no overall increase in floor area.

• Two neighbours have objected due to parking difficulties surrounding the site.

• Application referred to Main Roads WA (MRWA) for comment as part of the subject site is located within a Metropolitan Region Scheme (MRS) reserve for Primary Regional Roads (PRR).

• Application is recommended for approval, subject to appropriate conditions.

Purpose The application involves external and internal alterations to the existing single storey building (former duplex converted to two existing consulting rooms) on the subject site. It is proposed to amalgamate the two existing tenancies into one.


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The application requires the Council’s determination as it is of a non-residential nature and due to neighbour objections.


Date Item/Outcome 24 October 2013 Planning Application received by Council. 30 October 2013 Application undergoes internal DCU assessment. 30 October 2013 Additional information requested from applicant. 1 November 2013 Advertising commenced. 18 November 2013 Advertising closed. 27 November 2013 Additional information received from applicant. 17 December 2013 Meeting with applicant to address outstanding issues. 7 January 2014 Report prepared for Council.

Past Resolutions At its meeting held on 27 January 1987 granted planning approval to occupy the premises at 238 and 240 Stirling Highway as medical consulting rooms subject to the car parking being provided at the ratio of one car bay per 30m² of gross leasable area of the consulting rooms, plus on car bay for each person employed in the practice.

Heritage The property is not listed on the Town's Schedule of Heritage Places.

Consultation The application was advertised in accordance with Council Policy on Consultation with Landowners in Relation to Planning Applications (LG525). 30 neighbours were consulted and two objections were received. A summary of the submissions is provided as follows. A full copy of the submissions are attached to this report.

Submissions Received Address: 2 Goldsworthy Road, Claremont Submission Applicant Comment Officer Comment Proposal will increase the number of dental surgeries from 2 to 5 with no increase in car parking. There is currently an undersupply of parking on Goldsworthy Road due to a large number of uses attracting parking in the vicinity. There are no parking controls in the area.

There will be a maximum of four staff permitted at any one time until such a time the owner can review the current parking situation. Our expansion is intended to relieve the tight operating quarters for the existing tenancy and will not result in significantly more customers. We do not believe the proposal will worsen traffic and parking conditions in the street.

The proposed plans indicate a total of two surgeries and one training room. Parking will be reconfigured to comply with the original approval for 11 car parking bays. The proposal is not considered to increase the intensity of the existing use of the subject site. At its meeting held on 5 June 2012 the Council considered a Town of Claremont Parking Strategy report. One of the recommendations from the report was for to prepare a report with strategies to incrementally establish pay parking over five years onto streets identified as problematical and causing congestion.


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Staff requirements may be up to 12 people at any time based on the size of the practise. Increased traffic in the street impacts on residents in the street and increases hazards while walking or cycling in the street. The ‘training surgery’ is ambiguous as it appears to be a fully functional surgery and may be used as such, requiring additional staff.

There will be a maximum of four staff permitted at any one time See above comments. See above comments. The training surgery is especially for training. While in use one of the actual surgeries will be vacant due to the need to supervise trainees.

The Town has previously investigated timed parking in Goldsworthy Road to deal with the parking difficulties however residents have not been supportive. The proposal includes the reconfiguration of the car parking layout on the subject site to accommodate three more bays than currently exists to comply with the previous approval for the site. This is considered to assist in reducing any current parking impacts from the operation of the existing tenancies. The applicant has advised that there will be a maximum of four staff permitted at any one time. Any approval can be conditioned to comply with this requirement. The proposal includes the reconfiguration of the car parking layout on the subject site to accommodate three more bays than currently exists to comply with the previous approval for the site. This is considered to assist in reducing any current parking impacts from the operation of the existing tenancies. The proposed training room is considered incidental to the Surgery use in this instance.

Address: 2A Goldsworthy Road Submission Applicant Comment Officer Comment Very strong objection to this proposal. My battleaxe driveway is adjacent to the dental practice’s driveway. The proposal will result in a significant increase in cars using this driveway. This is already a very active area. Customers frequently park too close to our crossover due to a lack of parking in the area, essentially blocking us in until we can locate the owner.

We do not believe the proposal will worsen traffic and parking conditions in the street. No comment.

Objection noted. The proposed plans indicate a total of two surgeries and one training room and the parking will be reconfigured to comply with the original approval for 11 car parking bays. The proposal is not considered to increase the intensity of the existing use of the subject site. Area in front of driveway is painted with a ‘No Stopping’ sign. The Town’s Rangers Service can be contacted if vehicles are illegally parking in this area.


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The dental practice driveway is essentially a concealed exit – an accident waiting to happen. Request that Council review all parking in Goldsworthy Street.

We will make every effort to ensure safe traffic practices are undertaken by staff. No comment.

Fencing and vegetation adjacent to the driveway is 0.75m high to maintain sightlines for vehicles exiting onto the street. It is proposed to condition any approval to comply with this requirement. The Town has previously investigated timed parking in Goldsworthy Road to deal with the parking difficulties however residents have not been supportive. This will be reviewed annually by the Town and is subject to a full parking strategy review at present. There is a possibility that Council may need to consider introducing paid parking, timed parking and/or visitor permits to address the current over-use of on street parking at the top end of Goldsworthy.

Discussion Description The subject site consists of a single-storey 1950’s duplex which was previously converted into two consulting room tenancies in 1987. An at-grade parking area at the rear of the lot is shared with the adjacent property at 238 Stirling Highway which is a similar duplex development converted for commercial purposes.

The proposal includes the following:

• New internal fit out to reconfigure both existing consulting room tenancies into one tenancy;

• External alterations including a minor addition to the north-east corner, and alterations to the south-west corner to create a new single entry with disabled access;

• Alterations to the external window and door openings of the building to respond to the proposed internal fit out;

• A new roof to match the existing form and material; and

• Reconfiguration of the external car parking area at the rear of the subject site to accommodate 11 car parking bays including one disabled bay.

Proposed Use Both tenancies on the subject site are currently approved for use as ‘Consulting Room’ which is defined as:

“a building or part of a building (other than a hospital) used in the practice of his or her profession by: (a) A registered medical practitioner (b) A registered dentist or dental therapist


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(c) A registered occupational therapist or physiotherapist (d) A registered psychologist (e) A registered chiropractor (f) A registered psychiatrist (g) A registered chiropodist (h) A qualified welfare counsellor including a marriage guidance counsellor (i) A qualified masseur; or (j) A person ordinarily associated with a registered medical practitioner in the

investigation or treatment for physical or mental injuries or ailments.”

The proposed use is consistent with the TPS3 definition for a ‘Consulting Room’ therefore no change of use is required in this instance. Car Parking As detailed in the Background section of this report, Council granted conditional planning approval for the use of the subject tenancies as ‘Consulting Rooms’ subject to the provision of 11 car parking bays for Lot 4 being one bay per 30m² of Gross Leasable Area and one bay per person employed. A maximum of four employees was permitted. It is noted that four bays are located directly adjacent, two directly opposite and a further 15 bays located further up Goldsworthy Road within the street block.

The applicant has confirmed that the maximum number of four employees will be maintained at any one time until such time as parking matters can be further addressed (and subject to a further application to Council for approval). Given that the proposal does not involve a change of use and is consistent with the maximum number of employees previously approved by the Council, the car parking provided on site complies with the TPS3 requirements.

The two objections received during the advertising period raised a concern in regards to the impact the proposed use will have on parking in the immediate locality. It is considered that the proposal will not adversely increase the intensity of the existing uses on the site and the proposal to reconfigure the existing car park to accommodate additional car parking bays to a total of 11 bays will assist in reducing any parking impacts in the immediate locality

It is noted that the layout of the reconfigured parking area does not comply with Australian Standards and appears to impact on the access ramp to the main entry. Any approval should be conditioned to modify the layout to remove any obstructions and for the bays to comply with the Australian Standards. Metropolitan Region Scheme The subject site is located partially within a Metropolitan Region Scheme (MRS) reserve for ‘Primary Regional Road’ (PRR). Under the Planning and Development Act MRS Instrument of Delegation (Del 2011/02), the Council has delegated authority to approve development within or adjacent to the Stirling Highway MRS Reservation subject to any decision being consistent with the comment and recommendation of Main Roads WA (MRWA).


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The subject application has been referred to MRWA for comment. MRWA advised that they have no objection to the proposed additions and alterations subject to the following conditions:- 1. No earth works are to encroach onto the revised Stirling Highway road

reservation; 2. No stormwater drainage shall be discharged onto the Stirling Highway road

reservation; 3. Any damage done to the existing verge and its vegetation within the Stirling

Highway road reservation shall be made good to the full expense of the applicant.

If Council supports this application, it is recommended that any approval be conditioned to comply with the above requirements. Compliance The proposed external and internal alterations comply with the requirements of TPS3. It is considered that the proposed alterations will not have an adverse impact on the locality and can be supported.

Summary Based on the above, it is recommended that approval be granted subject the appropriate conditions.


OFFICER RECOMMENDATION THAT Council grant planning approval for the proposed internal and external alterations to the existing Consulting Rooms at Lot 4 (240) Stirling Highway, Claremont, subject to the following conditions and advice notes: 1. Compliance with Main Roads WA requirements. 2. Fencing and landscaping within 1.5m of the driveway adjacent the

footpath is to be maintained no higher than 0.75m to ensure safe sightlines for pedestrians using the footpath.

3. Access, car parking and landscaping areas are to be maintained to a high standard to the satisfaction of the Town of Claremont.

4. Signage is to be installed in the waiting room advising all customers to please ensure they are parked in a legal on or off-street car parking bay and to ensure that they do not restrict access to private driveways in the street.

5. The use of the on-street car parking bays shown on the plan not forming part of this application and are therefore not to be restricted for the exclusive use of the tenants and customers of the subject site.

6. Obstructions located to the side of the end car parking bays are to be removed, and entry doors, ramp and external foyer area together with dimensions of disabled parking bay are to be modified to comply with Australian Standards to the satisfaction of the Town of Claremont.


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7. In all other respects, development shall occur in accordance with the drawings submitted with the application for planning approval (Planning Application DA 2013.193), as amended by these conditions.




(ii) This property is impacted by the current Metropolitan Region Scheme Amendment 1210/41 Rationalisation of Stirling Highway. The amendment proposes a reduced reservation affecting this property.

(iii) Applicant is advised that Main Roads WA require compliance with the following: a) No earth works are to encroach onto the revised Stirling Highway

road reservation; b) No stormwater drainage shall be discharged onto the Stirling

Highway road reservation; and c) Any damage done to the existing verge and its vegetation within

the Stirling Highway road reservation shall be made good to the full expense of the applicant.

(iv) The applicant/owner is advised of the following health requirements from the Town’s Health Services. For further information please contact the Town’s Health Services on 9285 4300. a) Under the Environmental Protection (Noise) Regulations 1997 no

construction work is to be permitted or suffered to be carried out: a) Before 7.00am or after 6.00pm Monday to Saturday inclusive; or b) On a Sunday or on a public holiday; and

b) The applicant is required to remove any hazardous materials encountered during construction/demolition at their own expense and in accordance with the Code of Practice on Safe Removal of Asbestos (NOHSC: 2002(1988) as stipulated by the Occupational Health and Safety Regulations 1996, and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004.

(v) If an applicant is aggrieved by this determination a right of appeal may exist under the Planning and Development Act 2005. An appeal must be lodged with the State Administrative Tribunal (www.sat.justice.wa.gov.au) within 28 days of the determination.


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13.1.5 LOT 2 (UNIT 1/40) ST QUENTIN AVENUE, CLAREMONT – PROPOSED CHANGE OF USE TO CONSULTING ROOM AND ASSOCIATED SIGNAGE

File No: A-5174 Attachments: Location and Submission Plan Photograph Plans Responsible Officer: David Vinicombe

Executive Manager Planning and Development Author: Jeremy Swan

Senior Planner Proposed Meeting Date: 4 February 2014 Date Prepared: 13 January 2014 Planning Application No.: DA-2013.00227 60 Days Due Date: 31 January 2014 Property Owner: The Wibb Clinic Pty Ltd Submitted By: PS 90 Pty Ltd (Amy Yem) Lot No.: 2 Area of Lot: 124m2 Zoning: Town Centre Financial Implications: Nil Enabling Legislation: Planning and Development Act 2005 (PDA)

Town Planning Scheme 3 (TPS3) Local Law Relating to Signs (LLRS) Town Centre Zone Signage Policy (PS202)

Summary

• Application for planning approval received for change of use and associated signage at Unit 1/40 St Quentin Avenue – Unit located on corner of Stirling Highway and Stirling Road.

• The subject tenancy was originally approved as a ‘Commercial’ (Office/Restaurant) tenancy and the proposed Consulting Room use is an ‘AA’ use in the Town Centre Zone.

• The proposal was advertised to 158 neighbours and no submissions were received.

• Proposal generally complies with the TPS3, Local Law and Policy requirements.

• Application is recommended for approval, subject to minor modifications.


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Purpose The application proposes to change the use from ‘Commercial’ to ‘Consulting Room’ at Unit 1/ 40 St Quentin Avenue, Claremont. The unit is located on the ground floor at the intersection of Stirling Highway and Stirling Road.

The application requires the Council’s determination due to the non-residential nature of the proposal.


Date Item/Outcome 4 December 2013 Planning Application received by Council. 4 December 2013 Application undergoes internal DCU assessment. 5 December 2013 Additional information requested from applicant. 5 December 2013 Advertising commenced. 12 December 2013 Additional information received from applicant. 31 December 2013 Advertising closed. 13 January 2014 Report prepared for Council.

Past Resolutions

At its meeting held on 20 December 2005, Council granted conditional approval for the construction of a five-storey mixed-use development containing ‘Residential’ and ‘Commercial’ (Office/Restaurant) uses and associated car parking (Resolution No. 505/05).

Heritage The property is not listed on the Town’s Schedule of Heritage Places.


158 neighbours were consulted and no submissions were received.

Metropolitan Region Scheme The subject site is located partially within a Metropolitan Region Scheme (MRS) reserve for ‘Primary Regional Road’ (PRR). Under the Planning and Development Act MRS Instrument of Delegation (Del 2011/02), the Council has delegated authority to approve development within or adjacent to the Stirling Highway MRS Reservation subject to any decision being consistent with the comment and recommendation of Main Roads WA (MRWA).

The subject application has been referred to MRWA for comment. MRWA advised that they have no objection to the proposal.


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Discussion Description The application proposes to change the use of Unit 1/ 40 St Quentin Avenue, Claremont. The subject site is located on the corner of Stirling Highway and Stirling Road on the ground level. The subject lot (tenancy) is 124m2 and four car bays within the complex are allocated. The proposed use is ‘Consulting Room’ which corresponds to an ‘AA’ use in the Town Centre Zone. An ‘AA’ use means that the land shall not be used for the purpose indicated but the Council may approve of the use of land for that purpose if that use meets certain criteria. More specifically the business is proposed as a ‘Walk-in GP’. Approximately 28.47m² of window signage and an internal fit out are also proposed as part of the application. Compliance The development proposes variations to the Town’s Signage Local Law. In addition, car parking requirements dependant on consideration of comments below, may require variation. Where development does not comply with the provisions of TPS3, a variation can only be considered if provided for under the terms of the Scheme. Where development requires a variation to a Local Law, this can only be supported where expressly permitted under the Local Law.

The development complies with the TPS3, Council Policy and Local Laws other than the Local Law Relating to Signs (LLRS) and possible parking considerations (see below). Land Use A Consulting Room has a land use classification of ‘AA’ in the Town Centre Zone. In accordance with Clause 14(3)(c) of TPS3, an ‘AA’ use:

‘Means that the land shall not be used for the purpose indicated but the Council may approve of the use of land for that purpose if that use: (i) will provide a local service to other land in the locality; or (ii) is consistent with the general use of land in that locality and the Council is

satisfied that the use, and the activities to be carried on which are connected with, or incidental to that use; and any building to be erected on the land will not have any adverse or detrimental effect on the residents or amenity of or the properties in the locality’

It is considered that the proposed use is consistent with option (ii) for the following reasons:

• The ‘Walk in GP’ that provides for the popular ‘bulk billing’ system is anticipated to provide activation to a corner of the Town Centre that generally does not have significant pedestrian activity;

• Together with the afterhours GP (next door), the plastic surgery business and the dentist, the immediate area is considered a medical hub. The proposal is therefore compatible with the general use of land in the immediate locality; and


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• As the modifications to the building are internal (fit out), no adverse or detrimental impacts are expected to be imposed on the residents or amenity of the properties in the locality.

Accordingly, the proposed use is recommended for approval as it is consistent with the requirements of TPS3, is not considered to have any adverse amenity concerns and will provide a service to other land in the locality. Car Parking Requirement The development complies with all aspects of TPS3 with the possible exception of the car parking requirements, however as detailed below, the parking requirements are deemed to comply by virtue of existing approval pertaining to the site:

Use Parking Ratio

Bays Required Bays Provided Discretion Sought

Proposed

Consulting Room

Approved Office

Approved Restaurant

1/20m2

1/30m2

1/12.5m2

6.2

4.1

9.9

4 bays

2.2 (3) bays - no further discretion required given

existing approval

1 bay - discretion granted in original approval – see

below

6 bays - discretion granted in original approval – see

below It appears that parking for the commercial tenancies in the mixed-use development was based on a combination of Office and Restaurant uses, requiring the provision of four bays (generally consistent with that of an office) and acknowledging a shortfall of six bays for a restaurant. Given that specific commercial uses were not allocated to any particular tenancy, all tenancies under the existing approval could be accommodated with the more intense restaurant uses. It is therefore considered that given the proposed Consulting Room does not exceed the parking requirement for a Restaurant use, the existing provision of car parking bays for the subject tenancy satisfies the Scheme requirement. Signage The Local Law Relating to Signs (LLRS) states that no sign or advertising device shall be erected unless it is of a type specifically mentioned in Division 4 of the Local Law. In accordance with Division 4 of LLRS window signage should not exceed 25% (9.62m²) of the windows on the ground floor on the frontage of a building (38.48m²) and 50% of the area of the window on which it is fixed. The proposal is for approximately 28.47m² of window signage which is significantly greater than the requirement as it represents approximately 74% of the frontage and six of the nine (including glass doorway) windows are covered with greater than 50% signage.

In accordance with cl.13.2 of the LLRS the Council may approve an application for signage that does not specifically comply with the requirements of Division 4 of the LLRS where the sign is located in the Town Centre and is consistent with the objectives of the Town Centre Zone Signage Policy (PS202).


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Clause 3.3 PS202 allows for corner sites within the Town Centre to have signage cover up to 10% (12.4m²) of the building area (tenancy - 124m²) on both streets (20% - 24.8m² total). Whilst it is acknowledged that the front facade is a single curved window, being on a corner, it is considered reasonable to that the signage cover 20% (24.8m²) of the site (tenancy) area in accordance with Policy PS202. This is because the signage will permit the applicant to screen sensitive areas of the fitout (e.g. consulting and staff rooms) fronting the heavily trafficked Stirling Highway, whilst at the same time providing a more open aspect to pedestrians and drivers of vehicles waiting at the traffic lights into the less sensitive reception area fronting Stirling Road. It is noted that when viewed head-on from Stirling Road, the sign represents approximately 50% of that frontage). It is therefore recommended that to be consistent with Council Policy PS202, a condition be imposed on any approval requiring the window signage to be no more than 24.8m². This will required the signage to be reduced by 3.67m², which will be achievable by minor reductions in the signage proposed for the windows of either (or both) the consulting and staff rooms.

Summary In summary, the proposed development generally complies with TPS3, Council Policies and Local Laws. It is recommended that the proposal be supported subject to relevant conditions including a reduction of the size of the proposed signage.


OFFICER RECOMMENDATION THAT Council grant planning approval for a proposed Change of Use to Consulting Room and associated signage at Lot 2 (1/40) St Quentin Avenue, Claremont, subject to the following conditions and advice notes: 1. The total amount of window signage permitted as part of the business is

not to exceed 24.8m2. 2. The development is to comply with the Australian Standards for Disabled

Access AS1428. If necessary revised plans are to be submitted with an application for a building permit.

3. A Site Construction and Traffic Management Plan for tradespersons and delivery vehicles is to be approved by the Town of Claremont prior to the issue of a building permit and implemented for the duration of construction. The plan is to be prepared in consultation with the Town of Claremont and is to minimise noise and disruption to this premises.

4. In all other respects, development shall occur in accordance with the drawings submitted with the application for Planning Approval (Planning Application DA 2012.00227), as amended by these conditions.



from the Town’s Building Services unit prior to the commencement of


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any building works. Permits for non-residential development MUST be certified prior to submission.

(ii) Applicant is advised that Main Roads WA require compliance with the following: a) No earth works are to encroach onto the revised Stirling Highway

road reservation; b) No stormwater drainage shall be discharged onto the Stirling

Highway road reservation; and c) Any damage done to the existing verge and its vegetation within

the Stirling Highway road reservation shall be made good to the full expense of the applicant.

(iii) The applicant/owner is advised of the following health requirements from the Town’s Health Services. For further information please contact the Town’s Health Services on 9285 4300: a) All plant and machinery (such as air-conditioners and pool pumps)

are to be suitably sound proofed to comply with the requirements of the Environmental Protection (Noise) Regulations 1997 and so as not to cause an adverse impact on the amenity of the adjoining residential property;

b) Under the Environmental Protection (Noise) Regulations 1997 no construction work is to be permitted or suffered to be carried out: a) Before 7.00am or after 6.00pm Monday to Saturday inclusive; or b) On a Sunday or on a public holiday; and

c) Medical facilities are to comply with relevant regulations and codes of practice, including the appropriate disposal of medical or biological waste. The applicant is to provide a suitable medical waste management plan outlining the method of handling and disposing of medical or biological waste to the Town’s Health Services prior to commencement of operation.

(iv) If an applicant is aggrieved by this determination a right of appeal may exist under the Planning and Development Act 2005. An appeal must be lodged with the State Administrative Tribunal (www.sat.justice.wa.gov.au) within 28 days of the determination.


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13.2 CORPORATE AND GOVERNANCE

13.2.1 84 GRAYLANDS ROAD, CLAREMONT – SALE TO CLEAR RATES

File Ref: 2091 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Peter Scasserra

Coordinator Property and Leasing Proposed Meeting Date 4 February 2014

Purpose For Council to consider the sale of 84 Graylands Road, Claremont, in order to recover the outstanding rates balance.

Background Rates levied against 84 Graylands Road remain unpaid since and including the 2010-11 financial year, with outstanding rates including interest and legal costs ($3,895.24) associated with the Town’s recovery processes now $8,853.

In accordance with s.6.64 of the Local Government Act 1995 (the Act), the Town may sell the land in order to recover outstanding rates that have been unpaid for at least 3 years.

The property has been vacant for some years, and with the owner living in New South Wales, has been the subject of other issues being addressed by administration, including health and safety complaints by neighbours, (and subsequent health orders issued), and claims by the owner relating to diminished access to a right of way immediately adjacent to the property through unauthorised development of the right of way.

Despite advice to the owner that the payment of rates is not subject to any conditions an owner may wish to impose on the Town, the owner has advised that he will withhold payments of rates until the right of way access matter has been resolved to his satisfaction. (It should be noted that despite the offer by the Town to reinstate access to the property, he has on two occasions refused permission for the Town to enter his property to undertake the work.)

The rate collection process for recovery of rates relating to this property has been implemented in accordance with the Town’s policy and procedures with no success. These procedures include those provisions required under the Act and specifically s.5.55, s5.56, and s.6.64.

Discussion A General Procedure Claim (GPC) was lodged with the Magistrates court after the ratepayer failed to make payment by the due date on the final letter of demand. The GPC allowed the Town to commence legal proceedings for the recovery of the outstanding debt and was required to be served to the defendant by hand.


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Following the unsuccessful hand delivery of the GPC by the Bailiff (as the defendant did not open his door), the Town was granted substitute service by the court. Substitute service allows for an alternative method of service to be used in any manner when a claim cannot be served to the defendant by hand.

As all attempts to negotiate for the debt to be paid have failed and the ratepayer has not made further contact with the Town since service of the GPC, the Town has entered into default judgement against the defendant as they have failed to defend against the claim. The Town may now proceed with a Property Sale and Seizure Order (PSSO) over the land in order to recover the outstanding rates balance.

Once the PSSO is lodged a letter is issued to a credit reporting agency instructing them to proceed with the sale of the land.

Before proceeding to sell the land, the agency will attempt to contact the ratepayer to discuss payment of the debt. If the ratepayer does not agree to repay the money in some way, Baycorp will then start to conduct enquiries to ascertain whether there is sufficient equity in the property (if there is a mortgage on the property this will be paid out first).

If there is sufficient to repay the debt, the agency will then proceed to hold auction.

Past Resolutions N/A

Financial and Staff Implications Should the property be sold an outstanding rate balance of $8,838.13 as at 22/01/14 will be paid, this includes penalty interest and legal costs.

Policy and Statutory Implications Local Government Act 1995 s.6.55 Recovery of rates and service charges s.6.56 Rates or service charges recoverable in court s.6.64 Actions to be taken

Sch 6.3 – Provisions relating to sale or transfer of land where rates or services unpaid

Publicity N/A

Plan for the Future

Run Council’s day to day business, operations and infrastructure efficiently and effectively. This requires two types of activity - provide services to meet community needs and update infrastructure, facilities and practices to comply with legal requirements and contemporary standards.

• Build a proud, positive and safe community by continuing to deliver cost effective statutory and discretionary services and activities.


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Urgency The non payment of rates continues


OFFICER RECOMMENDATION THAT Council approve the lodgement of a Property Sale and Seizure Order over 84 Graylands Road Claremont.


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13.2.2 DRAFT PARKING LOCAL LAW 2014

File Ref: LAW0279 Attachments: Amended Parking Local Law 2012 Responsible Officer: Les Crichton

Executive Manager Corporate Services Author: John Balcombe

Senior Ranger Proposed Meeting Date: 4 February 2014

Purpose Report recommends Council repeal Town of Claremont’s Parking Local Law 2012 and replace with the updated Parking Local Law 2014.

Background On 19 March 2013, Council adopted the Town of Claremont Parking Local Law 2012 with purpose of repealing the Parking and Parking Facilities Local Law 2009 and updating the law to provide one more relevant to the requirements of the Town and community.

The Town’s Parking Local Law 2012 was gazetted on the 23 May 2013 and came into effect on the 6 June 2013.

As required, the Local Law with the accompanying explanatory material was sent to the Joint Standing Committee on Delegated Legislation following gazettal for review.

Following review by, and at request of, the Joint Standing Committee on Delegated Legislation (JSCLD), Council at its meeting of 20 August 2013 gave undertaking to:

• repeal the modified penalty at Item 82 in schedule 2 and amend it to $120 • not to enforce the $300 penalty, • accompany a copy of the undertaking where the Local Law is made public in

hard copy or electronic form, • provide a copy of the minutes where Council resolves to provide the

undertaking. While the last three points have been addressed, the draft Parking Local Law 2014 proposes to address the requirement to repeal and amend the modified penalty of Schedule 82.

Section 7.15 of the current Local Law relates to “stopping in a parking stall for people with disabilities’ with the modified penalty being $300 as set down at Item 82 of Schedule 2. This modified fee was identified by the JSCLD to be inconsistent with the Local Government (Parking for Disabled Persons) Regulations 1988 which sets the fee at $120 and therefore void.


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Discussion In addition to addressing those areas identified by the JSCDL, the proposed Parking Local Law 2014 also corrects a misprint in Schedule 2 item 23 which relates to clause 4.1(3) (b) of the Local Law.

Item 23 in Schedule 2 lists the modified penalty of $150 for “Parking contrary to signs or limitations” however this modified penalty should be $65.

All other areas of the Local Law remain relevant and no further amendments are recommended.

Past Resolutions Ordinary Council Meeting 20 August 2013, Resolution 249/13:

That Council: 1 Amend the Town of Claremont Parking Local Law 2012 by repealing the

$300 modified penalty at item 82 in Schedule 2 and amending this penalty to $120;

2. Advise the Joint Standing Committee on Delegated Legislation that until the current Notice of Motion in the Legislative Council to disallow the Town of Claremont Parking Local Law 2012 is withdrawn, the $300 modified penalty will not be enforced;

3. Will not exclude “assistance animals” from Clause 4.1 of the Town of Claremont Dogs Local Law 2012 as defined in section 9(2) of the Disability Discrimination Act 1992 from public places in its district;

4. Will rectify drafting errors identified by the Joint Standing Committee on Delegated Legislation when the Dogs Local Law 2012 is next reviewed;

5 Ensure the Dogs Local Law 2012 is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of these undertakings; and

6. Provide the Joint Standing Committee on Delegated Legislation with a copy of these minutes.

CARRIED BY AN ABSOLUTE MAJORITY (249/13) (NO DISSENT)

Ordinary Council Meeting 19 March 2013, Resolution 43/13:

That Council adopt the draft Town of Claremont Parking Local Laws 2012 and Dogs Local Law 2012 (as per Attachments), in accordance with Section 3.12 of the Local Government Act 1995, the purpose and effect of which are: Parking Local Law 2012-

1. Purpose: The purpose of this local law is to repeal the Parking and Parking Facilities Local Law 2009 and adopt the Parking Local Law 2012.

2. Effect: The effect of this local law is to control the parking within the Town of Claremont for the benefit of the community.


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Dogs Local Law 2012-

1. Purpose: The purpose of this local law is to repeal the Dogs Local Law 2000 and include new dog exercise areas and prohibited areas in the new Dogs Local Law 2012.

2. Effect: The effect of this local law is to control dogs within the Town of Claremont for the benefit of the community.

CARRIED BY AN ABSOLUTE MAJORITY (NO DISSENT)

Ordinary Council Meeting 21 August 2012, Resolution 157/12:

That Council resolves to advertise the Town of Claremont Dogs Local Law 2012 and Town of Claremont Parking Local Laws 2012, in accordance with Section 3.12 of the Local Government Act 1995, the purpose and effect of which are:

Dogs Local Law 2012-

1. Purpose: The purpose of this local law is to review the Dogs Local Law 2000 and include new dog exercise areas and prohibited areas.

2. Effect: The effect of this local law is to control dogs within the Town of Claremont for the benefit of the community.

Parking Local Law 2012-

1. Purpose: The purpose of this local law is to review the Parking and Parking Facilities Local Law 2009.

2 Effect: The effect of this local law is to control the parking within the Town of Claremont for the benefit of the community.

CARRIED BY AN ABSOLUTE MAJORITY (157/12)

(NO DISSENT)

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Local Government Act 1995 – s.5.12 Local Government (Functions and General) Regulations 1996 – cl. 2A, 3

Publicity Council must give State-wide public notice and invite submissions for a period of six weeks following a resolution of Council’s intent to make a local law.

People

We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.


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• Maintain, effectively manage and enhance the Town’s community facilities in response to a growing community.

• Play an integral role in local safety and crime prevention.

Governance and Leadership

We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.

Voting Requirements ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED.

OFFICER RECOMMENDATION THAT Council resolves to advertise the Town of Claremont Parking Local Law 2014, in accordance with section 3.12 of the Local Government Act 1995, the purpose and effect of which are: 1. Purpose: The purpose of this local law is to review the Parking Local

Law 2012. 2. Effect: The effect of this local law is to control the parking within the

Town of Claremont for the benefit of the community.


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13.2.3 LIST OF PAYMENTS 1-31 DECEMBER 2013

File No: FIM/00062-02 Attachments: Schedule of Payments December 2013 NAB Purchase Card November 2013 NAB Purchase Card December 2013 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Edwin Kwan

Finance Officer Proposed Meeting Date: 4 February 2014

Purpose For Council to note the payments made in December 2013.

Background Council has delegated to the CEO the exercise of its power to make payments from the Municipal Fund or Trust Fund. The CEO is then required to prepare a list of accounts, for recording in the Minutes, detailing those payments made since the last list was presented.

Discussion Attached is the list of all accounts paid totalling $2,755,372.51during the month of December 2013.

The attached schedule covers:

• Municipal Funds electronic funds transfers (EFT) $ 2,170,944.02 • Municipal Fund vouchers (39037-39049) $ 48,773.50 • Municipal Fund direct debits $ 496,405.63 • Trust Fund electronic funds transfer (EFT) $ 39,249.36 • Trust Fund vouchers $ 0.00 All invoices have been verified, and all payments have been duly authorised in accordance with Council’s procedures.

Past Resolutions Ordinary Council Meeting 10 December 2013, Resolution 358/13:

THAT Council notes all payments made for November 2013 totalling $ 1,812,264.77 comprising;

The attached schedule covers:

• Municipal Funds electronic funds transfers (EFT) $ 1,386,687.09 • Municipal Fund vouchers (39004-39036) $ 37,887.46 • Municipal Fund direct debits $ 354,010.77 • Trust Fund electronic funds transfer (EFT) $ 33,679.45 • Trust Fund vouchers $ 0.00


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CARRIED (NO DISSENT)

Financial and Staff Implication Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Regulations 12- 13 of the Local Government (Financial Management) Regulations 1996. Town of Claremont Delegation Register Item 37.

Publicity N/A

Urgency N/A


OFFICER RECOMMENDATION THAT Council notes all payments made for December 2013 totalling $2,755,372.51 comprising; Municipal Funds electronic funds transfers (EFT) $ 2,170,944.02 Municipal Fund vouchers (39037-39049) $ 48,773.50 Municipal Fund direct debits $ 496,405.63 Trust Fund electronic funds transfer (EFT) $ 39,249.36 Trust Fund vouchers $ 0.00


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13.2.4 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 DECEMBER 2013

File Ref: FIM/0062-02 Attachments: Statement of Financial Activity for period ending

31 DECEMBER 2013 Infrastructure Assets 2013 14 Schedule of Works

Responsible Officer: Les Crichton Executive Manager Corporate and Governance

Author: Hitesh Hans Finance Manager

Proposed Meeting Date: 4 February 2014

Purpose For Council to note the Statement of Financial Activity for the month ending 31 December 2013.

Background The Monthly Financial Report is presented in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.

Discussion The Financial Statements to 31 December 2013 represents six months of operation within the 2013-14 financial year.

Operating revenue - $632,229 above budget

• $402,058 timing difference on fees and charges, primarily comprising of lease revenue received earlier than forecast and increased income derived from parking infringements (163K) and aquatic centre takings ($130K).

• $61,076 of increase in interest income is due to higher interest income. The cash rate has been dropped by RBA which has a negative impact on the interest income but due to better cash flow management we are able to achieve increase in interest income.

• $64,783 increase in interim rate revenue. • $22,356 of variance on other revenue is due to reversal of ATO vendor

account on 1 July 2013

Operating expenditure - $610,232 below budget

• $610,232 of timing differences relating material and contracts ($52K waste services, $11K Museum, $39K Governance etc). Further consultancy and Buildings maintenance are also under by $17K and $13K respectively due to timing of accounts. However Office Expenses and Maintenance works are over the budget by $25K and $69K respectively due to timing of the accounts.


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• $88,096 of employee costs is under budget due to timing and 1 July 13 wages accrual. A review of staff entitlements and salary is conducted and will be included part of midyear budget review.

• $285,244 of variance on other expenses is due to write back of prepaid rates and timing of the contribution to Claremont Lawn Tennis Club for conversion of grass courts to acrylic courts with lighting.

Capital expenditure – $919,650 under budget As detailed within the capital works schedules (Attachment 1[Note 10]), expenditure is under the budget mainly due to timing on works schedule. Attachment 2 provides further detail and explanation on the $164,760 on infrastructure works, with the balance comprising vehicle changeovers ($109,725), Electronic Equipment ($93,989), Land and Building $58,656 and transfers to reserves ($943,120) associated with budgeted asset disposals.

Capital income - $1,862,174 under budget This variance relates to grant funds (non-operating) associated with the Stirling Road Underpass and other road projects ($664,974) together with proceeds from sale of assets (final Lakeway lot and fleet replacement program) and transfer from Reserves yet to be received/finalised.

Summary The closing surplus of $6,056,697 is comparing favourably against the budgeted surplus of $5,822,090.

As detailed above, the $299,937 variance is comprised of $632,229 (excluding profit on asset disposal [non cash] and including rates) increase in operating revenue over budget, $610,232 decrease in net operating expenditure against budget, $919,650 under the capital expenses, and $1,862,174 under in capital revenue.

Overall, 2013-14 Budget is currently subject to the midyear review and any expected over/under income/expenditure and non completion of projects will be reported once finalised.

Past Resolutions Ordinary Council Meeting 10 December 2013, Resolution 341/13: That Council note the Financial Statement of Activity for the period 1 July 2013 to 30 November 2013.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation. Policy and Statutory Implications Local Government Act 1995. Local Government (Financial Management) Regulations 1996. Publicity N/A


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Strategic Community Plan Governance and Leadership We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.

• Maintain long term financial stability and growth.

Urgency N/A

Voting Requirements Absolute majority decision of Council required.

OFFICER RECOMMENDATION THAT Council notes the Financial Statement of Activity for the period 1 July 2013 to 31 December 2013.


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13.2.5 WAIVER OF FEES FOR ALFRESCO DINING FEBRUARY 2014

File Ref: LAW/00116 Attachments: Alfresco Dining Policy PS200 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Emma McNeill

Environmental Health Officer Proposed Meeting Date: 4 February 2014

Purpose Report proposes the continued waiver of annual fees for alfresco dining as a measure of support for small businesses within the Town for the 2014 and 2015 calendar year. Background The Activities on Thoroughfares and Public Places Local Law 2003 allows the issuing of permits for food businesses to provide alfresco dining on land owned by or vested in the Town. The main aim of controlling alfresco dining is to ensure public safety and liability issues are addressed.

Applicants are charged an initial one off application fee, after which permits are issued on a calendar year or pro rata basis with fees based on the number of tables and chairs.

In December 2011, Council approved the waiving of fees relating to alfresco dining permits for food businesses for a period of two years. This was following requests from food business operators feeling the effects of the financial downturn and the knock on effects from the upgrade of Bay View Terrace. Discussion On assessment of alfresco licence applications between 2011 and 2013 the success of this initiative is questionable given the low number of businesses who have utilised the waiving of fees. The table below shows a comparison from before the alfresco fees were waived in 2011 and after the council resolution in December 2012.

Business Name 2011 2012 2013 Book Cafe Bay Road Pantry Lemon Espresso Closed Lemon Cafe On The Terrace Closed Pronto/Nolita Claremont Hotel Dome X The Daily X X Total Applications 7 8 7 Fees Collected $22,210 N/A N/A Fees Waived N/A $27,765 $26,685


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Consequently the initiative only attracted two more businesses neither of which were new businesses. The initiative in fact attracted no new businesses to the Town Centre.

However, in May 2013 Council approved the installation of bollards along Gugeri Street to allow frequent closure of the road for events, functions and alfresco dining after several suggestions put forward by businesses on Bay View Terrace. To support this initiative the continued waiver of alfresco fees will encourage business to utilitise the space and the opportunity to participate in such events or functions in turn attracting visitors to and retaining visitors in Claremont

A review of the Activities on Thoroughfares Local Law is in progress with the goal of better aligning with the Street and Laneway Activation Project (SLAP) and Business Improvement District (BID) principles. The review aims to continue maintaining public safety standards and addressing liability issues. However, it will also address the removal of impediments to enable businesses to contribute to the vibrancy of the town centre through alfresco dining.

The Corporate Business Plan highlights the Towns commitment to ‘develop the public realm as gathering spaces for participation and enjoyment’ supporting Claremont Now in creating opportunities and supporting activities in the Town Centre. Alfresco dining promotes the use of the public realm and encourages businesses to spill onto the street and by waiving the fees attached to alfresco dining the Town is actively demonstrating its dedication to achieving this goal.

Past Resolutions Ordinary Council Meeting 6 December 2011, Resolution 272/11 waive of alfresco fees for a two year period ending December 31 2013.

Financial and Staff Implications The current council fees for an alfresco dining licence under the 2013-14 fees and charges are: • Renewal $35 • Application $140 • 1 x table $205 • 1 x chair $105 Waiving fees for alfresco dining would impact the 2013-14 Health Department budget by approximately $6,000.

Policy and Statutory Implications Alfresco Dining Policy RR321 Activities on Thoroughfares and Public Places Local Law 2003. Local Government Act 1995

Publicity Notification to all businesses with an alfresco dining license.


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Strategic Community Plan Liveability

We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Develop the public realm as gathering spaces for participation and enjoyment.

Prosperity

Our businesses are thriving and integrated into the life of the Claremont community, and the town centre is known as a premier retail destination.

• Reduce unnecessary barriers to new business and for the success of local business

Urgency Businesses need to be notified of renewal and possible fees as soon as possible.

Voting Requirements ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED.

OFFICER RECOMMENDATION THAT Council; 1. Continue to waive the fees for alfresco dining in support of attempts to

attract businesses to the several vacant shops on Bay View Terrace. 2. Amend the Health Services 2013-14 budget to reflect this decision by

reducing the budget for alfresco fees to $0. 3. Review the decision no later than December 2015 through consideration of a

further officer report.


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13.3 INFRASTRUCTURE

13.3.1 OTWAY STREET - PROPOSED RE-ALIGNMENT

File Ref: RDS/00228 Attachments: Consultation letter – 8 October 2013 Comments from consultation Responsible Officer: Saba Kirupananther

Executive Manager Infrastructure Author: Matthew MacPherson

Manager Engineering Design Proposed Meeting Date: 4 February 2014

Purpose For Council to consider the Town’s recent consultation with residents of Otway Street regarding options for the streetscape design and decide on the preferred option and materials.

Background At the Ordinary Council Meeting of 17 September 2013 Council decided to carry out a public consultation of residents for options on the streetscape design of Otway Street.

A letter detailing two feasible concepts along with the corresponding plans and a feedback form with a reply date of 25 October 2013 were sent to the residents of Otway Street (copy attached).

Discussion A total of 15 replies (copy attached) were received by the Town with 13 preferring concept plan A (09010-1.1A). 1 respondee indicating both Plan A and Plan B (09010-1.1B) as their preference and submitted an attachment with comments regarding the options proposed and additional requests regarding finishes for the kerbing and footpath. 1 respondee did not indicate a preference but commented that they preferred that no structural change be carried out other than upgrade of the sidewalks and road surface.

The vast majority of the respondees preferred that the alignment of Otway Street remain as it is at present with a narrow carriageway and wide verges (Plan A 09010-1.1 A).

The existing carriageway asphalt on Otway Street is black in colour between Servetus Street and Franklin Street and red from Franklin Street to the cul-de-sac on the east side. The additional cost and aesthetic factors to consider when using red coloured asphalt are:

• Colour will fade through time due to UV light,


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• Additional expenses to repair pot holes due to the small quantities of repairs involved,

• Any repairs to cracking of the asphalt will be black in colour and these will be highlighted against the red asphalt,

• Red coloured asphalt improves light illumination and therefore safety. However this is not significant for this low speed environment,

• The surface will become too smooth over a period and cause some safety issues with breaking distance,

• Higher cost of red coloured asphalt due to low demand. The difference in price for red colouring is around 8%.

There are existing kerbs with bricks along Otway Street between Franklin Street and the cul-de-sac on the east side. These have required more repairs than the Town’s standard grey kerbing as they are easily displaced when hit by vehicles.

Estimate for concept plan A is $144,000 for black top and $152,000 for red top. Estimate for concept plan B is $171,000 for black top and $183,000 for red top.

Past Resolutions Ordinary Council Meeting 17 September 2013, Resolution number 276/13. “That Council 1. Initiate public consultation on both options for the streetscape design with the adjacent property owners. 2. Review the comments from 1 above and determine the way forward.

CARRIED (276/13) (NO DISSENT)”

Financial and Staff Implications Budget available is $172,000. Staff time and $5000 for consultants for further road design/ lot surveys and property discussions.

Policy and Statutory Implications Local Government Act 1995 & Regulations Austroads 2009

Publicity Administration will inform residents of the Council decision and about the pending works.

Strategic Community Plan Liveability

We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Clean, usable, attractive, accessible streetscapes and public open spaces.


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• Develop the public realm as gathering spaces for participation and enjoyment.

• Maintain and upgrade infrastructure for seamless day to day usage.

• Provide a responsible and well managed urban environment, with sustainable development outcomes.

Urgency Urgent decision of the Council is required to complete the project as soon as possible.


OFFICER RECOMMENDATION THAT Council 1. Approves concept plan A (09010-1.1A) as the preferred alignment to be

constructed. 2. Approves the Town’s standard treatment of black asphalt, grey concrete

kerb & Claremont cream footpaths as the materials pallet for this project.


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14 ANNOUNCEMENTS BY THE PRESIDING PERSON

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

18 FUTURE MEETINGS OF COUNCIL

19 DECLARATION OF CLOSURE OF MEETING

notice of meeting - town of claremont...• notice to speak must be provided in writing to the chief...

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